Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30941 of 2020 Arising Out of PS. Case No.-40 Year-2019 Thana- PURAINI District- Madhepura ====================================================== Manoj Ram aged about 36 years S/O Wakil Ram R/O Village- Rampur Dahru, P.S.- Bihariganj, District- Madhepura ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dr. Sanjay Kumar Singh, Advocate For the Opposite Party :

Mr. Pramod Kr.Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2021 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner seeks bail in Puraini Police Station Case No. 40 of 2019 registered for the offences punishable under sections 302/34 and other allied sections of the Indian Penal Code.

Earlier prayer for bail of the petitioner was dismissed as withdrawn vide order dated 4.12.2019, passed in Cr.Mis.No. 54331 of 2019.

As per the prosecution case, on 2.3.2019 as usual informant's husband had gone to the shop of Mukesh Kedia but did not return. Next day, she received a ransom call on the mobile phone. Informant has suspected that One Niranjan Yadav and his associates might have disappeared her husband due to

Patna High Court CR. MISC. No.30941 of 2020(5) dt.30-01-2021 2/2 old enmity.

Learned counsel for the petitioner submits that he has been implicated in this case on the basis of his confessional statement. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 10.3.2019.

Learned counsel for the State opposes the prayer for bail and submits that as per paragraph 31 of the case diary, on the basis of the confessional statement of the petitioner dead body of informant's husband was recovered from a ditch near petitioner's house.

In view of the fact that on the disclosure of the petitioner, the dead body of informant's husband was recovered, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T